I would speculate that it is not enforceable. There is no provision within the 17th or within the Constitution that allows for voters to recall an elected Senator.
The United States Constitution expressly establishes the exclusive qualifications for congressional office, sets the specific length of terms for Members of the House and for Senators, and places the authority within each House of Congress to judge the elections and qualifications of, and to discipline and remove, its own Members. These provisions of the United States Constitution, with respect to federal officials, have supremacy over State laws and provisions, and State laws in conflict with such constitutional provisions have been found by the courts in the past to be invalid. Although the language of some State recall laws might be broad enough to include Members of Congress, or might even explicitly include such federal officers, such statutes would not appear to be effective in overriding the provisions of the United States Constitution with regard to terms of office, elections and removal of Members.
wrong, SOS said it cannot be done, have to go to court.
Members of Congress cannot be recalled even if state law allows for recall petitions. Other than being voted out of office the only options are resignation or being disbarred by Congress itself. However, it might be possible to pressure for a resignation by declaring a jihad on local Democrats. If the state Democratic party is looking at extinction because of a member of Congress they might pressure their Congress critter to make an exit.
The petition was rejected by Jay Dardenne in the same vain that the petition to recall Congressman Cao was rejected. It was filed on Monday, Jan. 4, 2010 and rejected on Tuesday, Jan. 5, 2010 by Dardenne.
See story at this Gannett link. Can’t post excerpts:
My husband contacted the A.G. for Louisiana, a Democrat, on this very subject, because he wanted to start one if no one else did, and he got a letter from his office stating that “in his opinion” he didn’t think it could be done because it is a Federal office and not enforceable by the State. But in reading the wording, it doesn’t specifically exclude Federal office holders from recalls.
I think the effort should be made, and let Landrieu challenge it in court. Hopefully, at the very least, it will get her attention.
The only legal method of recalling Landrieu, or any other congressman or senator, occurs next November